Section 71L Offences relating to regulated transactionsX1F1F2C1
United Kingdom
A registered party commits an offence if—
it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and
an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a).
A person commits an offence if—
he is the treasurer of a registered party,
the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and
he knew or ought reasonably to have known of the matters mentioned in paragraph (b).
A registered party commits an offence if—
it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant,
no officer of the party knew or ought reasonably to have known that the other participant is not an authorised participant, and
as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the treasurer of the party he fails to take all reasonable steps to repay any money which the party has received by virtue of the transaction.
A person who is the treasurer of a registered party commits an offence if—
the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant,
subsection (2)(c) does not apply to him, and
as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to him he fails to take all reasonable steps to repay any money which the party has received by virtue of the transaction.
A registered party commits an offence if—
it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and
an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a).
A person commits an offence if—
he is the treasurer of a registered party,
the party benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and
he knew or ought reasonably to have known of the matters mentioned in paragraph (b).
A registered party commits an offence if—
it is a party to a transaction of a description mentioned in section 71F(4)(a),
it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,
no officer of the party knew or ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and
as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the treasurer of the party he fails to take all reasonable steps to pay to any person who has provided the party with any benefit in consequence of the connected transaction the value of the benefit.
A person who is the treasurer of a registered party commits an offence if—
the party is a party to a transaction of a description mentioned in section 71F(4)(a),
the party benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,
subsection (6)(c) does not apply to him, and
as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to him he fails to take all reasonable steps to pay to any person who has provided the party with any benefit in consequence of the connected transaction the value of the benefit.
A person commits an offence if he—
knowingly enters into, or
knowingly does any act in furtherance of,
any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a registered party in a regulated transaction with a person other than an authorised participant.
It is a defence for a person charged with an offence under subsection (2) to prove that he took all reasonable steps to prevent the registered party entering the transaction.
It is a defence for a person charged with an offence under subsection (6) to prove that he took all reasonable steps to prevent the registered party benefiting in consequence of the connected transaction.
A reference to a registered party entering into a regulated transaction includes a reference to any circumstances in which the terms of a regulated transaction are varied so as to increase the amount of money to which the party is entitled in consequence of the transaction.
A reference to a registered party entering into a transaction in which another participant is not an authorised participant includes a reference to any circumstances in which another party to the transaction who is an authorised participant ceases (for whatever reason) to be an authorised participant.
This section does not apply to a transaction which is entered into before the commencement of section 61 of the Electoral Administration Act 2006.
Annotations
Textual amendments
- F1
Pt. 4A (ss. 71F-71X) inserted (11.9.2006 for E.W.S. for specified purposes, 1.1.2007 for N.I. for specified purposes, 1.7.2008 for N.I. for specified purposes, 15.9.2014 for N.I. in so far as not already in force) by Electoral Administration Act 2006 (c. 22), ss. 61(1), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2006/3412, art. 4 (subject to art. 6, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1); S.I. 2014/1809, art. 2
- F2
Pt. 4A (ss. 71F-71Y) renumbered (1.7.2008) as Pt. 4A Ch. 1 by The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319), arts. 1(2), 3(1)
Modifications
- C1
S. 71L modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 13; S.I. 2016/69, reg. 2
- C2
S. 71L(14) modified (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 8
Editorial notes
- X1
The insertion of the new heading "Chapter 1" in Pt. 4A on 1.7.2008 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
Notes on Part 4A
Modifications
- C1
Pt. 4A modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 10(2); S.I. 2016/69, reg. 2
- C2
Pt. 4A modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2